Is it illegal to record without people knowing?

Illegal. Recording without people's knowledge is illegal and cannot be used as evidence. Materials obtained by recording without the consent of the other party cannot be used as evidence, and their use is excluded by the exclusionary rule of illegal evidence. However, as long as it does not infringe upon the legitimate rights and interests of others, or it is obtained by means prohibited by law, it is legal and effective.

Can secretly recording be used as evidence?

1, the recording method should be legal. The process of recording and collecting is carried out in a reasonable place, and eavesdropping, eavesdropping on others' privacy and invasion of others' privacy cannot be used. For example, you can't eavesdrop on other people's home equipment, which is used to eavesdrop on recordings.

2. The recorded content should be true and completely coherent, and no one can edit it. For example, deliberately guiding the other party to make some answers when recording, and then obtaining a favorable evidence through editing, will also be considered invalid.

3. When recording, the other party's speech is a true expression of meaning, and there is no coercion or threat from others at all. For example, by restricting personal freedom, kidnapping, threats and other means, obtaining recorded evidence is also invalid.

4. The sound quality of the recording should be clear, and the recording content should completely tell the facts to be proved in the case.

5. Do not delete the recorded materials, but keep the original recorded materials.

To sum up, secretly recording is illegal, and the way to obtain the recording should be legal, and the legitimate rights and interests of others cannot be infringed.

Legal basis:

Provisions of the Supreme People's Court on Evidence in Civil Procedure

Article 70

The people's court shall confirm the probative force of the following evidence put forward by one party, but the other party raises objections but there is no evidence to the contrary:

(1) The original documentary evidence or the photocopies, photos, duplicates and excerpts verified with the original documentary evidence;

(2) Original material evidence or photocopies, photos, video materials, etc. Consistent with the original material evidence;

(3) Legally obtained audio-visual materials supported by other evidence, or copies confirmed with the audio-visual materials;

(four) the parties apply to the people's court to make material evidence or on-site inspection records in accordance with legal procedures.

People's Republic of China (PRC) Civil Code

Article 1033

Except with the express consent of the obligee, no organization or individual may commit the following acts:

(a) by SMS, telephone, instant messaging tools, e-mail, leaflets, etc. Disturb the private life of others;

(2) Entering, peeping or photographing other people's houses, hotel rooms and other private spaces;

(3) Shooting, recording, making public, spying and eavesdropping on other people's private activities (4) Shooting and spying on other people's private parts;

(5) Collecting and processing other people's private information;

(6) Infringe upon the privacy of others in other ways.